Free Proposed Order - District Court of Delaware - Delaware


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Date: December 31, 1969
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State: Delaware
Category: District Court of Delaware
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Case 1:07-cv—OO570—SLR Document 7 Filed O1/O3/2008 Page1 of 3

IN THE UNITED STATES DISTRICT COURT i
FOR THE DISTRICT OF DELAWARE i
DEAN REYES, )
Plaintiff,V g K
v. ) Civil Action No. 07-570-SLR E
PERDUE FARMS, INC., ;
Defendant. g
SCHEDULING ORDER
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At Wilmington this 3rd day of January 2008, the parties i
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having satisfied their obligations under Fed. R. Civ. P. 26 (f),
and the court having conducted a pretrial scheduling conference
pursuant to Fed. R. Civ. P. 16 and D. Del. LR 16.2(a) and (b).
IT IS ORDERED that: V ,
1. Pre-Discovery Disclosures. The parties will exchange by l
January 31, 2008 the information required by Fed. R. Civ. P.
26(a)(l) and D. Del. LR 16.2. i
2. Discovery. i
(a) Discovery will be needed on the following subjects:
circumstances surrounding Plaintiff’s request for leave in 2007
and termination of Plaintiff’s employment; Plaintiff’s entitlement
to leave and Defendant’s policies regarding leave; Plaintiff’s
work environment following his work—related injury; Plaintiff’s
wages and benefits.
(b) All discovery shall be commenced in time to be
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Case 1:07-cv—OO570—SLR Document 7 Filed O1/O3/2008 Page 2 of 3
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completed by July 31, 2008.
(c) Maximum of 25 interrogatories by each party to any i
other party. i
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(d) Maximum of 25 requests for admission by each party i
to any other party.
(e) Maximum of 10 depositions by plaintiff and 10 by
defendant. i
(f) Each deposition other than of Plaintiff limited to [
a maximum of 6 hours unless extended by agreement of parties; §
Plaintiff’s deposition limited to a maximum of 10 hours. i
(g) Reports from retained experts under Rule 26(a)(2) on
issues for which any party has the burden of proof due by
May 30, 2008. Rebuttal expert reports due by June 30, 2008. E
(h) Discovery Disputes. Any discovery dispute shall be E
submitted to the court pursuant to Fed. R. Civ. P. 37. During the
course of discovery, each party is limited to two (2) Rule 37 g
motions. The court shall make itself available, however, to §
resolve through a telephone conference, disputes that arise during I
the course of a deposition and disputes related to entry of a l
protective order. %
3. Joinder of other Parties, Amendment of Pleadings, and
Class Certification. All motions to join other parties, amend the
pleadings, and certify a class action shall be filed on or before ’
March 31, 2008. g
4. Settlement Conference. Pursuant to 28 U.S.C. 636, this é
matter is referred to a Magistrate Judge for the purposes of I
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exploring ADR. é
5. Summary Judgment Motions. All summary judgment motions 1
shall be served and filed with an opening brief on or before i
September 12, 2008. Briefing shall be pursuant to D. Del. LR g
7.1.2. No summary judgment motion may be filed more than ten (10) i
days from the above date without leave of the court. g
6. Applications by Motion. Any application to the court shall §
be by written motion filed with the clerk. Unless otherwise E
requested by the court, counsel shall not deliever copies of Q
papers or correspondence to chambers. Any non-dispositive motion
shall contain the statement required by D. Del. LR 7.1.1. {
7. Motions in Limine. All motions in limine shall be filed on ?
or before [two weeks before pretrial conference]. All responses !
to said motions shall be filed on or before [one week before i

pretrial conference]. i
8. Pretrial Conference. A pretrial conference will be held on
at m. in courtroom 6B, sixth floor Federal g
Building, 844 King Street, Wilmington, Delaware. The Federal
Rules of Civil Procedure and D. Del. LR 16.4 shall govern the P
pretrial conference.
9. Trial. This matter is scheduled for a four—day bench/jury i
trial commencing on in courtroom 6B, sixth floor
Federal Building, 844 King Street, Wilmington, Delaware. For g
purposes of completing pretrial preparations, the parties should
plan on being allocated a total number of hours in which to
present their respective cases.
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